Sometimes employers have the delightful problem of having several qualified candidates for a position or promotion. But that good problem can turn into a legal nightmare if an employer winds up fighting discrimination claims from a passed-over applicant. One approach that helps guard against discrimination charges is to have a diverse panel help make the hiring decision.
Assessing employee performance or potential using subjective measures is one of the fastest ways to wind up in court. Employers that stick with objective, carefully tailored assessments are much less likely to lose bias lawsuits because there’s little chance for hidden bias to creep into the process.
Now that the Lilly Ledbetter Fair Pay Act is the law of the land, it may be time to revisit how you set starting and incumbent salaries. If you currently allow managers and supervisors flexibility on pay issues, consider reducing that discretion.
Caterpillar, the heavy equipment company, used temporary layoffs to cut costs. Cisco Systems, the global information technology company, did a holiday shutdown in late 2008 to save money.
Think again if you believe you’re in the clear after a former employee misses a shot at filing a Title VII discrimination suit by waiting too long. Even if an employee waits more than 90 days to sue after the EEOC dismissed his case, that employee may have another bite at the apple—in the form of a North Carolina wrongful discharge lawsuit.
It’s a good idea to keep careful track of the reasons why employees take FMLA leave—especially if an employee takes leave on different occasions for different reasons.
Probationary university professors whose contracts aren’t renewed because they failed to achieve tenure status can’t use tenure denial alone as the basis of a suit alleging damage to their reputations. They must show that the decision was actually motivated by something like race or sex discrimination.
When workers at Republic Windows & Doors in Chicago were given three days’ notice in December that the plant was closing, they staged a sit-in at the shuttered factory to demand severance pay and benefits. Republic told employees that Bank of America had canceled its financing …
The U.S. Department of Justice has filed a lawsuit accusing the North Carolina Administrative Office of the Courts and N.C. Superior Court Judge Jerry Braswell of violating former Magistrate James Myles’ rights under USERRA.
Offensive postings on the social networking web site Facebook led the Charlotte-Mecklenburg Schools (CMS) to fire one employee and discipline seven others.